Eversole and his codefendant Mike Surface will appear before U.S. District Judge David Hittner at 10 a.m.

Rather than facing charges of conspiracy, receiving a bribe and two counts of filing false income tax returns, Eversole is expected to plead guilty to one count of making a false statement to FBI agents. That charge, a felony, carries up to five years in prison and a $250,000 fine.

The Department of Justice has alleged Eversole took nearly $100,000 in cash and gifts from Surface in exchange for steering lucrative county contracts to companies in which Surface had an interest.

A mistrial was declared in the case earlier this year following a hung jury. A retrial had been scheduled to begin next month.